04/02/2020
E-Library - Information At Your Fingertips: Printer Friendly
xxxx
7. The Parties agree that mechanisms and modalities for the actual
implementation of this MOA-AD shall be spelt out in the
Comprehensive Compact to mutually take such steps to enable it to
occur effectively.
Any provisions of the MOA-AD requiring amendments to the existing
legal framework shall come into force upon the signing of a
Comprehensive Compact and upon effecting the necessary changes
to the legal framework with due regard to non-derogation of prior
agreements and within the stipulated timeframe to be contained in
the Comprehensive Compact.[64] (Underscoring supplied)
The Solicitor General's arguments fail to persuade.
Concrete acts under the MOA-AD are not necessary to render the present
controversy ripe. In Pimentel, Jr. v. Aguirre,[65] this Court held:
x x x [B]y the mere enactment of the questioned law or the approval of
the challenged action, the dispute is said to have ripened into a judicial
controversy even without any other overt act. Indeed, even a singular
violation of the Constitution and/or the law is enough to awaken judicial
duty.
xxxx
By the same token, when an act of the President, who in our
constitutional scheme is a coequal of Congress, is seriously alleged to
have infringed the Constitution and the laws x x x settling the dispute
becomes the duty and the responsibility of the courts.[66]
In Santa Fe Independent School District v. Doe,[67] the United States Supreme
Court held that the challenge to the constitutionality of the school's policy allowing
student-led prayers and speeches before games was ripe for adjudication, even if no
public prayer had yet been led under the policy, because the policy was being
challenged as unconstitutional on its face.[68]
That the law or act in question is not yet effective does not negate ripeness. For
example, in New York v. United States,[69]decided in 1992, the United States
Supreme Court held that the action by the State of New York challenging the
provisions of the Low-Level Radioactive Waste Policy Act was ripe for adjudication
even if the questioned provision was not to take effect until January 1, 1996,
because the parties agreed that New York had to take immediate action to avoid the
provision's consequences.[70]
The present petitions pray for Certiorari,[71] Prohibition, and Mandamus. Certiorari
and Prohibition are remedies granted by law when any tribunal, board or officer has
acted, in the case of certiorari, or is proceeding, in the case of prohibition, without or
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
14/203